Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-10-14


or communicable disease among any domestic
animals, and II found needful TO order the tenn
porary quarantine OF said animals to cause
premises TO be disinfected and II necessary, TO
condemnthe animals to be killed, In order to pre-
vent the spread OF disease"
THE TAx.LIEN CASES.
Points Involved i'm tho Cases Now
Pending in Court.
PRoPERry-owNERs WHO WANT TO HAVE LIENS r.
SUED AGAINST THEIR HOLDINGS DECLARED NULL
AND voID-THK DISTRICT CLAIMS THAT IT Is NOW
TOO LATE-rHE ARGUMENT IN THE CASE, ETC.
The cases OF Wood and others against the Dis
trict OF Columbia, known the taxlien certiorari
cases, which has been taken up for argument in
the Court In General Term, Messrs. Birney & Bir-
ney appearing for the petitioners and Messrs Rid
die and Davis for respondent, are regarded as Of
much Importance to the property holders. There
are many, against whose property tax liens have
been issued under similar circumstances who are
anxiousy awaiting the termination Of these cases.
The dates OF assessment involved in the As
cases now before the court range from 1869 TO
1880. and were for various street improvements,
the Board OF Public Works. and some by the Com
missioners. The objects OF the suits are to have
the tax.lien certificates issued against the prop
erty, with the papers In each case, brought into
court, with view to having them declared null
and void and the property freed from the encum.
certiorari on several grounds.
THE DISTRICTS SIDE OF THE QUESTION.
After review OF legislative and Congressional
enactments tou ching the matter Mr.. H. E. Davis,
as attorney for the District, sums up the salient
points as follows:
1. In all the cases the several assessments have
long been perfected, and the evidence thereof has
passed either into the hands OF private citizens
the Treasurer OF the United States and so beyond
or in any way by the District Of
In every case 10 which they have so gone into the
hands OF the Treasurer Of the United states, en-
Indebtedness OF the District both TO private tnd1-
viduals and the United States.
q The tdches OF the petitioners is SO gross as to
make their appearance in this court hardihOod
ITSELF The rule In equity is well known, and its
application to case at law will be even more
piained OF is OF over ten years standing and in
OF them 1t Is seventeen years. In the ten years
next preceding the filing OF the petitions all OF the
after their making mas been had. Both the Dis
trict OF columbia and the United states have
d e tne easements as eoneiusiSeiy adjusted
been woven into web OF interrelation between
the District on the one part and the United States
and the private citizen on the Otner.
B. That the several special assessments CON-
plained OF have been ratified and confirmed seems
TOO TOO plain M & Tor argument For years both Congress
pOthesis which has its nrm foundation in the
national legislation and the supreme Court of the
f. BY the provisions OF the act or June l9. 1878,
the persons liable TO the assessments complained
OF were provided a. tribunal for the revision and
having failed to avail themselves OF the right
thereby accorded they cannot now be heard to
complain OF them.
s. All the records sought to be brought up by
the wrtS are open to the inspection OF the public
free OF charge whereby It Is In the power OF the
peoners 70 ascertain and duly complain Of M any
equity court is thus open to them for such relief
as they may properly be entitled to.
q. The petitions are in general, imperfect and
insufficient. They show that the petitioners have,
as rule, acquired the several properties involved
since the assessments were made and recorded,
and that they can, therefore, have no personal
knowledge OF the matters OF fact set out as invai
dating the proceedings. Nevertheless the most
with supposed essential requisites; assertions SO
general and so rash as to diSentitle them to con-
sderatfon Especially Is this true OF the water
which the petitioners, who acquired the property
subsequently to the levy OF the tax, now twelve
years old, content themselves with most generally
asserting that none OF the requirements or law
were observed. II requires no little assurance to
ask OF court that after SO great lapse OF time,
ton shall come to its bar with the burden Of prov
Ing that regularity which Is assumed In all mat
ters especially In respect OF PROCEEDINGS assumed
legislature, as in all Things confirmed and adjusted
THE OTHER SIDE.
The petitioners claim that certiorari is the
proper action and has been the ordinary common
law writ used In this District by the Circuit Court
and the Supreme Court for the review Of proceed
lngs OF Inferior tribunals charged with exceeding
their jurisdiction.
In the cases at bar, the attorneys for the peti-
TONERS claim that the respondents have exhausted
their powers 50 far as they relate to the assess
ments and lien certificates but that they have
not yet proceeded to enforce the collection or the
amounts so assessed and certified. 1t is In that
part OF the proceedings which IS completed the
petitioners charge illegaty, while they State that
another and vitality important part remains un-
completed. BY the terms OF the third section or
the act or August 10, 1871, the respondents may
"proceed TO sell the property against which the
certificate and the assessment exist" &C. The
illegal acts complained Of
The issue on this point between the parties is
stated as follows: Petitioners charge that the
record shows the assessment to be void for numer-
Gus tilegatieS; respondents, by their motion, ad-
nit The charge, but defend, because the Hleyali-
ties have already been committed. They do not
disclaim, however, the custody OF the record or
the intention TO enforce the assessments
The petitioners deny that any iaches appears,
and say that In none of the cases Is any
element OF idches shown by the petitions, except
lapse OF time. In none OF them is any time shown
In none OF them have other rights vested or any
means OF proof by respondents been destroyed.
The record attached Is still intact and in possess
sion OF respondents.
Although nolaches can be imputed to petitioners,
the petitioners admit that the court. In the exer
else OF sound Judgment, may quash writ OF
y
but after citing numerous cases the petitioners
claim that the cases at bar cannot BE- brought
within the principle OF such cases. No human
being would be wronged by the full success OF the
petitioners. All Of these certificates except one,
are held by the u ). Treasurer as ex-OfficO COM
missioner OF the sinking fund OF the District.
That one Is probably held by corporation that Is
amply secured Dy statute against loss. Contract
orS are not Interested. Their claims have been
disposed OF years ago.
THE QUESTION OF Loss 10 THE DISTRICT.
The petitioners argue also that no wrong can be
possibly done the District by sustaining the peti-
tiOners in this case, and deny that the existing
Impression that there are millions OF dollars out
standing on lien certificates and that declara-
tOn by this court their illegal character would
right and equity entitled to. The lien certificates
were pledged to the payment OF the two millions
OF S per cent greenbacKs" issued under the act OF
the Legislative assembly OF May % 1879 and any
excess OF receipts from them over the amount
necessary to pay the debt represented by the
greenhacks, Is an unapprOprtated balance which
must remain In the United states Treasury until
disposed OF by Congress- 1t Is probable, the petit
TONERS say. that the next annual report OF the
Commissioners will show that nearly all the
''greenbacks" have been retired, but that there
remain several hundred thousand dollars In lien
certificates which, under the law, are to be COL
lected for the payment OF greenbackA "and for no
other use or purpose whatever"
The petitioners also take issue with the assertion
that the statute has provided an exclusive remedy
other than certiorart, and say the grievances al
as they did not ask revision or correction OF
charges, but attacked, In eacn case, the validity
OF the assessment ITSELF The petitioners deny also
that the act OF Congress June 10, 1670 Is gene